Onalaska, WI asked in Divorce and Landlord - Tenant for Colorado

Q: My ex-husband and I were separated when we signed a lease. Are we equally responsible for early termination fees?

We signed a lease together in Boulder, CO while separated. We decided to terminate our lease early while separated and before the divorce judgment was filed in California. We each paid half of the early termination fee. His CA Attorney is claiming that since we were separated, the money my ex spent on the early lease termination fee is considered "spousal support". Is this correct? There is a spousal support order in our CA Judgment, and he is arrears of both spousal and child support. I don't have representation which is why I am posting this - so I'm very grateful for your time! Thank you.

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2 Lawyer Answers
John Hyland Barrett III
John Hyland Barrett III
  • Louisville, CO
  • Licensed in Colorado

A: I do not see this as "spousal support". It may depend on the exact wording of your order for support. You should consult with a lawyer about this.

Sabra M. Janko
Sabra M. Janko PRO label
  • Colorado Springs, CO
  • Licensed in Colorado

A: It depends on what you CA court order says. In Colorado, spousal maintenance begins at the time of permanent orders or earlier if there are temporary orders. Usually spousal maintenance is a lump sum paid on a monthly basis, however if specifically ordered, other expenses could be included.

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